Florida Senate - 2023 SB 792
By Senator Jones
34-01184-23 2023792__
1 A bill to be entitled
2 An act relating to social media protection for minors;
3 creating s. 501.174, F.S.; requiring social media
4 platforms to disclose specified information and
5 provide specified resources, measures, and
6 disclaimers; prohibiting social media platforms that
7 fail to meet certain requirements from accepting new
8 accounts from minors; requiring the Department of
9 Agriculture and Consumer Services, subject to
10 legislative appropriation, to enforce specified
11 provisions and implement specified measures; providing
12 a fine for violations; requiring that fines collected
13 be used for specified purposes; prohibiting certain
14 schools from requiring students to register, enroll,
15 or participate in social media platforms for
16 educational purposes; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 501.174, Florida Statutes, is created to
21 read:
22 501.174 Social media protection for minors.-
23 (1) Beginning January 1, 2024, a social media platform
24 operating in the state must:
25 (a) Disclose the following:
26 1. Content moderation policies, including the use of
27 addictive design features such as autoplay or infinite scroll.
28 2. Manipulation of photographs or digital images.
29 3. Methodology used to consider the best interests of
30 minors when designing, developing, and providing services.
31 4. Clear and concise user policies, protections, and
32 reporting mechanisms related to harmful behaviors such as
33 bullying, harassment, and threats of violence or self-harm.
34 (b) Provide the following:
35 1. Zip code-based references to local resources for law
36 enforcement, suicide prevention, and domestic violence
37 prevention services.
38 2. Protective measures such as screen time, usage data, and
39 other parental settings.
40 (c) At the time of log in, require minors to read and
41 accept a disclaimer which must be in substantially the following
42 form:
43
44 This application may be harmful to your mental health
45 and may use design features that have addictive
46 qualities or present unverified information or that
47 may be manipulated by [insert platform name] for your
48 viewing. This application may also collect your
49 personal data to further manipulate your viewable
50 content and may share your personal data with others.
51
52 (2) Social media platforms that fail to meet the
53 requirements of subsection (1) are prohibited from registering,
54 enrolling, or otherwise accepting new accounts from minors.
55 (3) Subject to appropriation by the Legislature, the
56 Department of Agriculture and Consumer Services shall:
57 (a) Enforce this section and provide for adequate staffing
58 and investigative resources.
59 (b) Implement measures to screen and evaluate social media
60 platforms for compliance with subsection (1), including the
61 minimum age requirement for registration or enrollment.
62 (4) A social media platform is subject to a fine of $10,000
63 for each occurrence in which a minor is registered or enrolled
64 in a platform that fails to meet the requirements of subsection
65 (1). Proceeds from the fines collected must be directed to
66 resources serving the mental health needs of children.
67 Section 2. All schools operating in the state that accept
68 state funding are prohibited from requiring students, regardless
69 of age, to register, enroll, or participate in social media
70 platforms as a means to access information, materials, or
71 resources related to school-sponsored educational activities.
72 Section 3. This act shall take effect July 1, 2023.